An 80-year-old Long Beach man has not been charged for killing a burglar who falsely claimed she was pregnant and asked him not to shoot as she fled.

The killing was justified, the Los Angeles County district attorney’s office announced after deciding not to charge Thomas Greer, who shot Andrea Miller on July 22 of last year.

Mr Greer shot Miller, 28, twice as she tried to flee from his home after she and accomplice Gus Adams assaulted and robbed him, a prosecutor asserted in a December 5 report that was disclosed Monday.

Mr Greer said that Miller claimed she was pregnant and asked him not to open fire.

Thomas Greer shot Andrea Miller, 28, twice as she tried to flee from his home on July 22 after she and accomplice Gus Adams assaulted and robbed him, a prosecutor said in a December 5 report that was disclosed Monday

Thomas Greer shot Andrea Miller (left), 28, twice as she tried to flee from his home on July 22 after she and accomplice Gus Adams (right), 26, assaulted and robbed him, a prosecutor said in a December 5 report that was disclosed on Monday

An autopsy later found that Andrea Miller, 28, was not pregnant, said coroner's spokesman Ed Winter.

‘Thomas Greer is presumed to have held a reasonable fear of imminent peril of death or great bodily injury,’ according to the report signed by Deputy District Attorney Janet Moore.

‘Greer exercised his legal and legitimate right of self-defense when he shot and killed Andrea Miller.’

Mr Greer told told NBC Los Angeles in July: 'I walked in on them and they downed me, they jumped on me in the hallway.

'The lady didn't run as fast as the man so I shot her in the back twice. She's dead.. but he got away. She says "don't shoot me, I'm pregnant, I'm gonna have a baby" and I shot her anyway.